All Roll Calls
Yes: 135 • No: 1
North DakotaHB 10682025 Regular SessionHouseWALLET
AN ACT to amend and reenact sections 23-01-05.5, 43-10-10.1, and 44-04-18.18 of the North Dakota Century Code, relating to autopsy reports, working papers, funeral practice exceptions, and photographs.
Sponsored By: House Human Services
Became Law
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 3 benefits, 0 costs, 1 mixed.
Family access to autopsy and death reports
If no criminal investigation is active, the examiner must give the autopsy report to the personal representative or to a spouse, an adult child (18+), or a parent who shows proof of relationship. A doctor or hospital that treated the person right before death can also get the report in non‑criminal cases. A life insurer can get the report with proof the person was covered, if no criminal case is active. A report of death becomes public eight days after it is finalized. If someone asks for it before then, the examiner must try to immediately notify next of kin and record those attempts before any public release.
Who can perform funeral tasks
The law clarifies who may do certain funeral tasks without a funeral‑service license. It allows people to do work within their profession’s standards if they do not claim to practice funeral service. Active‑duty U.S. military or Public Health Service medical officers may embalm. Transport and ambulance moves are allowed, clergy may lead services, unlicensed staff may handle graveside services for cremated remains, out‑of‑state licensees may assist, and supervised employees may do nonprofessional tasks.
Sharing autopsy reports for investigations and reviews
The examiner must share autopsy reports and working papers with coroners that have jurisdiction, including those in other states or Canadian provinces, and with prosecutors and criminal justice agencies for investigations or prosecutions. If no criminal case is active, reports must go to Workforce Safety & Insurance and similar workers’ comp programs for work‑related deaths, and to the child and suicide fatality review bodies. The maternal mortality review committee can receive reports. Federal or state agencies with authority over the type of death (for example, FDA, NTSB, OSHA) can get reports to investigate. Research and professional groups may receive reports only after identifiers are removed to a limited data set. Officials who disclose in good faith to someone reasonably entitled are immune from civil or criminal liability, and good faith is presumed.
Stronger privacy rules for autopsy images
Autopsy photos, images, and recordings are confidential. Criminal justice agencies can still use or share them for investigations or prosecutions. After removing all identifying details and anonymizing faces, examiners, coroners, or doctors may use images for teaching, training, expert consults, or scholarly publication. A spouse, child, parent, or sibling may view images in the custodian’s office with proof of relationship if no criminal case is active; copies require a court order and protective order and are limited to a spouse, an adult child (18+), or a parent. The examiner’s investigation notes are confidential. The law also treats autopsy images and recordings separately from “working papers,” which changes how they are handled.
Sponsors & Cosponsors
Sponsor
House Human Services
Affiliation unavailable
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 2/25/2025
Second reading, passed, yeas 44 nays 1
Yes: 44 • No: 1
House vote • 2/7/2025
Second reading, passed, yeas 91 nays 0
Yes: 91 • No: 0
Actions Timeline
Filed with Secretary Of State 03/14
3/19/2025HouseSigned by Governor 03/14
3/18/2025HouseSent to Governor
3/13/2025HouseSigned by Speaker
3/13/2025HouseSigned by President
3/12/2025SenateReturned to House
2/25/2025HouseSecond reading, passed, yeas 44 nays 1
2/25/2025SenateReported back, do pass, place on calendar 6 0 0
2/21/2025SenateCommittee Hearing 02:45
2/17/2025SenateIntroduced, first reading, referred Human Services Committee
2/11/2025SenateReceived from House
2/10/2025SenateSecond reading, passed, yeas 91 nays 0
2/7/2025HouseAmendment adopted, placed on calendar
2/6/2025HouseReported back amended, do pass, amendment placed on calendar 11 0 2
2/5/2025HouseCommittee Hearing 01:45
1/8/2025HouseIntroduced, first reading, referred Human Services Committee
1/7/2025House
Bill Text
Adopted by the House Human Services Committee
Enrollment
FIRST ENGROSSMENT
INTRODUCED
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